Giuliana Quattrocchi

Extraterritorial Application of the European Convention of Human Rights in the Case of "Catan and Others v. Moldova and Russia"

  • Abstract

Informations and abstract

Keywords: Grand Chamber; European Convention of Human Rights; Extraterritorial Jurisdiction; Law of State Responsibility; Rules of Attribution; Right to Education

The article deals with a case concerning the complaint by children and parents from the Moldovan community in Transdniestria about the effects of a language policy adopted in 1992 and 1994 by the separatist regime forbidding the use of the Latin alphabet in schools and the subsequent measures taken to enforce the policy. Those measures included the forcible eviction of pupils and teachers from Moldovan/Romanian-language schools as well as forcing the schools to close down and reopen in different premises. The case is particularly interesting for its aim to define the relationship between Article 1 ECHR notion of State jurisdiction, as the threshold for the existence of States' obligations under the Convention, and the attribution of conduct under the secondary rules of the law of State responsibility.

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